Madhura W/O Sushrut Kavimandan v. Shshrut S/O Anil Kavimandan
2025:BHC-NAG:13289 mca 213-2025.doc 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (TR.) NO.213/2025 Madhura w/o Sushrut Kavimandan, Aged about 33 years, occ. Housewife, R/o C/o Vijay Shirpure, "Vastushilp, Plot No.4/A, Jagannath Baba Nagar, Datala Road, Chandrapur, Tq. And Dist.
Chandrapur 442401 ... APPLICANT ...VERSUS...
Sushrut s/o Anil Kavimandan, Aged about 39 years, Occ. Business, R/o Devarankar Nagar, Amravati, Tq. And Dist. Amravati.
...NON-APPLICANT --------------------------------------------------------------------------------------------- Ms S.H. Bhagat, Advocate for applicant Smt. Swati Kulkarni/Potey, Advocate for non-applicant --------------------------------------------------------------------------------------------- CORAM : PRAVIN S.
PATIL , J.
DATED :
.11.2025 ORAL JUDGMENT .
Heard.
2.
By this application, the applicant is seeking the transfer of matrimonial proceedings pending on the file of Family Court,
mca 213-2025.doc 2/4 Amravati bearing Petition No. A - 258/2024 to the learned Civil Judge Senior Division, Chandrapur.
3.
It is the submission of the present applicant that she is residing at Chandrapur at the mercy of her parents. Applicant is not having independent earning source. It is further stated that her parents being old aged person, it will not be possible for her to attend the proceedings without having any company of anyone to attend in the proceedings at Amravati. The distance between Amravati to Chandrapur is near about 300 kms. Hence, on all these counts, the applicant states that the proceedings filed by the husband be transferred from Amravati to Chandrapur. 4.
The non-applicant has vehemently opposed the application. He stated that the distance cannot be a reason for transfer of the proceedings. He has pointed out that before marriage, the parents of the applicant were residing at Amravati and at that time, they were not in need of help of anyone. Therefore, this cannot be a reason on the part of applicant that due to old age of her parents, her company is needed to them.
mca 213-2025.doc 3/4 5.
The non-applicant further states that applicant can very well attend the proceedings through video conferencing, which is nowadays available in the Family Court. So also, the non-applicant is ready to pay the travelling charges to the applicant as and when she attends the proceedings at Family Court, Amravati. 6.
In light of the submission made by both the parties and perusal of the record shows that non-applicant has filed the proceedings for divorce. Applicant except distance, failed to point out any justified reason for transfer of proceedings. In the cases of transfer, nowadays distance does not remain criteria to transfer the proceedings. So also once advocate is engaged, it is not necessary to attend physically every date of matter. Attendance can be secure through video conference. Only for those date, physical attendance is required, on those days, applicant can appear before the Court and on those days of appearance, non-applicant can be directed to pay traveling charges to the applicant.
7.
In the background of above said factual position, in my opinion, the following order will sub-serve the justice. Hence, I proceed to pass the following order:
mca 213-2025.doc 4/4
ORDER
i) The application is partly allowed.
ii) The applicant is permitted to attend the proceedings before the learned Family Court, Amravati, through video conferencing. iii) It is made clear that the applicant will secure her presence as and when required before the learned Family Court, Amravati. iv) The non-applicant will pay Rs.3000/- towards travelling charges as and when the applicant will attend the proceedings physically before the learned Family Court, Amravati. 8.
The application is disposed as in above terms. No order as to the costs.
(PRAVIN S. PATIL, J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 03/12/2025 15:29:08